Would using eye tracking software fall under "commentary" for cases of Fair Use in the United States?

Asked by badpupper Promote - View in Hive.blog - Audit

People have different interpretations of what falls under fair use, with significant debate (and some court cases) on where the line should be drawn. I was wondering what people think Eye-Tracking software would fall under.

Example: A youtuber uses eye tracking software to display what he looks at while he watches various clips. He does not speak but the he is able to communicate (to whatever extent possible) to the audience with this eye tracker software.

Example Photo

Would such an example (or a similar one) fall under the definition of comentary for Fair Use in the United States?

Let me know what you think.

Big McThankies, 🐾

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I dunno. (72.73%) 8 / 11
72.73% Complete (success)
Yes, absolutely. (18.18%) 2 / 11
18.18% Complete (success)
Nothing, unless you own it, should be able to be used. (9.09%) 1 / 11
9.09% Complete (success)

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